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Wathsala Ravihari Samaranayake, TAMING NFTS WITH TRADEMARK LAW TOOLS: FUTURE CHALLENGES FOR SRI LANKA, 14 (2023) Journal of intellectual property, information technology and electronic commerce law None para 1.
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%0 Journal Article %T TAMING NFTS WITH TRADEMARK LAW TOOLS: FUTURE CHALLENGES FOR SRI LANKA %A Samaranayake, Wathsala Ravihari %J Journal of intellectual property, information technology and electronic commerce law %D 2023 %V 14 %N 4 %@ 2190-3387 %F samaranayake2023 %X When NFTs were first introduced, it was generally believed that they would foreclose avenues for trademark counterfeiting owing to their innate characteristics. Despite all the optimism, NFTs have given rise to a number of unprecedented trademark issues. Thus, the question arises whether the traditional trademark law regime is sufficiently equipped to tackle NFTs-related trademark issues. Although it ostensibly involves a mere extension of the existing trademark law principles to a new phenomenon, in effect, it entails an arduous exercise infused with intricate legal issues. To be more explicit, the complexity of the legal issues posed by NFTs has baffled many sophisticated legal regimes in the world including the USA and EU. The legal issues that surfaced in Hermès Int’l v.Rothschild, 590 F. Supp. 3d 647 (S.D.N.Y. 2022), Nike Inc. v. StockX LLC. 1:22-cv-. 00983 (S.D.N.Y. February 3, 2022) and Juventus F.C. v Blockeras s.r.l, (Docket No. 32072/2022, Court of Rome IP Chamber, 20/07/2022) bear testimony to this fact. As far as Sri Lanka is concerned, however, to the best of the author’s knowledge, the courts have not encountered any NFTs-related trademark disputes so far. But this does not mean that it will be immune from such issues in the future. The concept of NFTs has become so pervasive that it is no longer limited to sophisticated jurisdictions. Therefore, in this paper, an attempt is made to critically evaluate the adequacy of the existing legal regime on trademarks in Sri Lanka to grapple with the legal dilemma created by the proliferation of NFTs in the virtual realm. This paper will also look at the developments in comparative jurisdictions, specifically, the USA and EU with a view to shedding light on how the international experiences and best practices can be used to ameliorate the Sri Lankan trademark landscape, in view of the growing menace of NFTs. %L 340 %K NFTs %K Trademarks %K Nice Classification %K Misleading Similarity %K Exhaustion %K Nominative Fair Use %K Immutability %U http://nbn-resolving.de/urn:nbn:de:0009-29-58265Download
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@Article{samaranayake2023,
author = "Samaranayake, Wathsala Ravihari",
title = "TAMING NFTS WITH TRADEMARK LAW TOOLS: FUTURE CHALLENGES FOR SRI LANKA",
journal = "Journal of intellectual property, information technology and electronic commerce law",
year = "2023",
volume = "14",
number = "4",
keywords = "NFTs; Trademarks; Nice Classification; Misleading Similarity; Exhaustion; Nominative Fair Use; Immutability",
abstract = "When NFTs were first introduced, it was generally believed that they would foreclose avenues for trademark counterfeiting owing to their innate characteristics. Despite all the optimism, NFTs have given rise to a number of unprecedented trademark issues. Thus, the question arises whether the traditional trademark law regime is sufficiently equipped to tackle NFTs-related trademark issues. Although it ostensibly involves a mere extension of the existing trademark law principles to a new phenomenon, in effect, it entails an arduous exercise infused with intricate legal issues. To be more explicit, the complexity of the legal issues posed by NFTs has baffled many sophisticated legal regimes in the world including the USA and EU. The legal issues that surfaced in Herm{\`e}s Int'l v.Rothschild, 590 F. Supp. 3d 647 (S.D.N.Y. 2022), Nike Inc. v. StockX LLC. 1:22-cv-. 00983 (S.D.N.Y. February 3, 2022) and Juventus F.C. v Blockeras s.r.l, (Docket No. 32072/2022, Court of Rome IP Chamber, 20/07/2022) bear testimony to this fact. As far as Sri Lanka is concerned, however, to the best of the author's knowledge, the courts have not encountered any NFTs-related trademark disputes so far. But this does not mean that it will be immune from such issues in the future. The concept of NFTs has become so pervasive that it is no longer limited to sophisticated jurisdictions. Therefore, in this paper, an attempt is made to critically evaluate the adequacy of the existing legal regime on trademarks in Sri Lanka to grapple with the legal dilemma created by the proliferation of NFTs in the virtual realm. This paper will also look at the developments in comparative jurisdictions, specifically, the USA and EU with a view to shedding light on how the international experiences and best practices can be used to ameliorate the Sri Lankan trademark landscape, in view of the growing menace of NFTs.",
issn = "2190-3387",
url = "http://nbn-resolving.de/urn:nbn:de:0009-29-58265"
}
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TY - JOUR AU - Samaranayake, Wathsala Ravihari PY - 2023 DA - 2023// TI - TAMING NFTS WITH TRADEMARK LAW TOOLS: FUTURE CHALLENGES FOR SRI LANKA JO - Journal of intellectual property, information technology and electronic commerce law VL - 14 IS - 4 KW - NFTs KW - Trademarks KW - Nice Classification KW - Misleading Similarity KW - Exhaustion KW - Nominative Fair Use KW - Immutability AB - When NFTs were first introduced, it was generally believed that they would foreclose avenues for trademark counterfeiting owing to their innate characteristics. Despite all the optimism, NFTs have given rise to a number of unprecedented trademark issues. Thus, the question arises whether the traditional trademark law regime is sufficiently equipped to tackle NFTs-related trademark issues. Although it ostensibly involves a mere extension of the existing trademark law principles to a new phenomenon, in effect, it entails an arduous exercise infused with intricate legal issues. To be more explicit, the complexity of the legal issues posed by NFTs has baffled many sophisticated legal regimes in the world including the USA and EU. The legal issues that surfaced in Hermès Int’l v.Rothschild, 590 F. Supp. 3d 647 (S.D.N.Y. 2022), Nike Inc. v. StockX LLC. 1:22-cv-. 00983 (S.D.N.Y. February 3, 2022) and Juventus F.C. v Blockeras s.r.l, (Docket No. 32072/2022, Court of Rome IP Chamber, 20/07/2022) bear testimony to this fact. As far as Sri Lanka is concerned, however, to the best of the author’s knowledge, the courts have not encountered any NFTs-related trademark disputes so far. But this does not mean that it will be immune from such issues in the future. The concept of NFTs has become so pervasive that it is no longer limited to sophisticated jurisdictions. Therefore, in this paper, an attempt is made to critically evaluate the adequacy of the existing legal regime on trademarks in Sri Lanka to grapple with the legal dilemma created by the proliferation of NFTs in the virtual realm. This paper will also look at the developments in comparative jurisdictions, specifically, the USA and EU with a view to shedding light on how the international experiences and best practices can be used to ameliorate the Sri Lankan trademark landscape, in view of the growing menace of NFTs. SN - 2190-3387 UR - http://nbn-resolving.de/urn:nbn:de:0009-29-58265 ID - samaranayake2023 ER -Download
Wordbib
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ISI
PT Journal AU Samaranayake, W TI TAMING NFTS WITH TRADEMARK LAW TOOLS: FUTURE CHALLENGES FOR SRI LANKA SO Journal of intellectual property, information technology and electronic commerce law PY 2023 VL 14 IS 4 DE NFTs; Trademarks; Nice Classification; Misleading Similarity; Exhaustion; Nominative Fair Use; Immutability AB When NFTs were first introduced, it was generally believed that they would foreclose avenues for trademark counterfeiting owing to their innate characteristics. Despite all the optimism, NFTs have given rise to a number of unprecedented trademark issues. Thus, the question arises whether the traditional trademark law regime is sufficiently equipped to tackle NFTs-related trademark issues. Although it ostensibly involves a mere extension of the existing trademark law principles to a new phenomenon, in effect, it entails an arduous exercise infused with intricate legal issues. To be more explicit, the complexity of the legal issues posed by NFTs has baffled many sophisticated legal regimes in the world including the USA and EU. The legal issues that surfaced in Hermès Int’l v.Rothschild, 590 F. Supp. 3d 647 (S.D.N.Y. 2022), Nike Inc. v. StockX LLC. 1:22-cv-. 00983 (S.D.N.Y. February 3, 2022) and Juventus F.C. v Blockeras s.r.l, (Docket No. 32072/2022, Court of Rome IP Chamber, 20/07/2022) bear testimony to this fact. As far as Sri Lanka is concerned, however, to the best of the author’s knowledge, the courts have not encountered any NFTs-related trademark disputes so far. But this does not mean that it will be immune from such issues in the future. The concept of NFTs has become so pervasive that it is no longer limited to sophisticated jurisdictions. Therefore, in this paper, an attempt is made to critically evaluate the adequacy of the existing legal regime on trademarks in Sri Lanka to grapple with the legal dilemma created by the proliferation of NFTs in the virtual realm. This paper will also look at the developments in comparative jurisdictions, specifically, the USA and EU with a view to shedding light on how the international experiences and best practices can be used to ameliorate the Sri Lankan trademark landscape, in view of the growing menace of NFTs. ERDownload
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<abstract>When NFTs were first introduced, it was generally believed that they would foreclose avenues for trademark counterfeiting owing to their innate characteristics. Despite all the optimism, NFTs have given rise to a number of unprecedented trademark issues. Thus, the question arises whether the traditional trademark law regime is sufficiently equipped to tackle NFTs-related trademark issues. Although it ostensibly involves a mere extension of the existing trademark law principles to a new phenomenon, in effect, it entails an arduous exercise infused with intricate legal issues. To be more explicit, the complexity of the legal issues posed by NFTs has baffled many sophisticated legal regimes in the world including the USA and EU. The legal issues that surfaced in Hermès Int’l v.Rothschild, 590 F. Supp. 3d 647 (S.D.N.Y. 2022), Nike Inc. v. StockX LLC. 1:22-cv-. 00983 (S.D.N.Y. February 3, 2022) and Juventus F.C. v Blockeras s.r.l, (Docket No. 32072/2022, Court of Rome IP Chamber, 20/07/2022) bear testimony to this fact. As far as Sri Lanka is concerned, however, to the best of the author’s knowledge, the courts have not encountered any NFTs-related trademark disputes so far. But this does not mean that it will be immune from such issues in the future. The concept of NFTs has become so pervasive that it is no longer limited to sophisticated jurisdictions. Therefore, in this paper, an attempt is made to critically evaluate the adequacy of the existing legal regime on trademarks in Sri Lanka to grapple with the legal dilemma created by the proliferation of NFTs in the virtual realm. This paper will also look at the developments in comparative jurisdictions, specifically, the USA and EU with a view to shedding light on how the international experiences and best practices can be used to ameliorate the Sri Lankan trademark landscape, in view of the growing menace of NFTs.</abstract>
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Full Metadata
| Bibliographic Citation | Journal of intellectual property, information technology and electronic commerce law 14 (2023) 4 |
|---|---|
| Title |
TAMING NFTS WITH TRADEMARK LAW TOOLS: FUTURE CHALLENGES FOR SRI LANKA (eng) |
| Author | Wathsala Ravihari Samaranayake |
| Language | eng |
| Abstract | When NFTs were first introduced, it was generally believed that they would foreclose avenues for trademark counterfeiting owing to their innate characteristics. Despite all the optimism, NFTs have given rise to a number of unprecedented trademark issues. Thus, the question arises whether the traditional trademark law regime is sufficiently equipped to tackle NFTs-related trademark issues. Although it ostensibly involves a mere extension of the existing trademark law principles to a new phenomenon, in effect, it entails an arduous exercise infused with intricate legal issues. To be more explicit, the complexity of the legal issues posed by NFTs has baffled many sophisticated legal regimes in the world including the USA and EU. The legal issues that surfaced in Hermès Int’l v.Rothschild, 590 F. Supp. 3d 647 (S.D.N.Y. 2022), Nike Inc. v. StockX LLC. 1:22-cv-. 00983 (S.D.N.Y. February 3, 2022) and Juventus F.C. v Blockeras s.r.l, (Docket No. 32072/2022, Court of Rome IP Chamber, 20/07/2022) bear testimony to this fact. As far as Sri Lanka is concerned, however, to the best of the author’s knowledge, the courts have not encountered any NFTs-related trademark disputes so far. But this does not mean that it will be immune from such issues in the future. The concept of NFTs has become so pervasive that it is no longer limited to sophisticated jurisdictions. Therefore, in this paper, an attempt is made to critically evaluate the adequacy of the existing legal regime on trademarks in Sri Lanka to grapple with the legal dilemma created by the proliferation of NFTs in the virtual realm. This paper will also look at the developments in comparative jurisdictions, specifically, the USA and EU with a view to shedding light on how the international experiences and best practices can be used to ameliorate the Sri Lankan trademark landscape, in view of the growing menace of NFTs. |
| Subject | NFTs, Trademarks, Nice Classification, Misleading Similarity, Exhaustion, Nominative Fair Use, Immutability |
| DDC | 340 |
| Rights | DPPL |
| URN: | urn:nbn:de:0009-29-58265 |
